The Hindu : New Delhi News : High Court order quashing MLA’s election stayed

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High Court order quashing MLA’s election stayed

J. Venkatesan

Chandra can participate in Assembly proceedings but
she cannot vote

NEW DELHI: The Supreme Court on Friday stayed a judgment of the Madras High Court setting aside the election of M. Chandra (AIADMK) from Rajapalayam (SC) constituency in the 2006 Assembly elections.

A Bench of Justice L.S. Panta and Justice B. Sudarshana Reddy, while staying the judgment dated December 2, said Ms. Chandra could participate in the Assembly proceedings but she could not vote and would not be entitled to salary and emoluments during the pendency of the appeal.

The bench directed listing the appeal after six weeks.

The High Court had set aside her election on a petition from M. Thangamuthu one of the candidates alleging that she contested under the AIADMK symbol by falsely representing that she belonged to SC community suppressing the fact that her original name was Glory Chandra and was born to Christian parents Navakumar and Santhosapackiam.

Assailing the judgment, Ms. Chandra contended that she belonged to the SC (Pallan) and was recognised by the community members. She also denied the allegation that she had filed a false declaration.

She said that she became a Hindu in 1994 and was married to Murgan, who belonged to the Pallan caste, a notified Scheduled Caste in the State as per Hindu customs.

She had been accepted by the community as a Hindu and she was elected in the panchayat elections from the reserved constituency. She was, therefore, eligible to contest the assembly elections in the reserved constituency also.

The High Court had ignored the overwhelming evidence in her favour, she said and prayed for quashing the impugned judgment and an interim stay of its operation.

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